Explain how was Dutch SME able to put its products under the Roi Jaguar name in Chinese market.
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · June 2018
Explain how was Dutch SME able to put its products under the Roi Jaguar name in Chinese market.
Answer & Explanation:
The Trade Mark registration carried out by the former General Manager in his own name was done in bad-faith and with mala fide intentions taking advantage of his existing relationship with the Dutch SME. The Dutch SME thus filed for a Trade Mark cancellation as the Trade Mark was registered in bad faith, and then subsequently applied for the Trade Mark in its name itself. After first having filed the Trade Mark cancellation application, which temporarily stopped the activity of infringement of the 'Roi Jaguar' trademark, the Dutch SME continued to produce the product, but under a different product name. Before the new product name was used, the company checked that there were no conflicting Trade Marks that had already been registered in China, with regard to additives for that new name. The Dutch SME then got registered the word mark, logo and the Chinese character name of the new product in its own name. Once the cancellation was concluded and the Trade Mark was applied for in the Dutch SME's name, the Dutch SME was able to put its products under the 'Roi Jaguar' trade name back in the market.
Topics: Trademark Law
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